National
Minnesota gearing up for marriage fight
In symbolic move, guv vetoes 2012 ballot measure

Donald McFarland is leading the effort for Minnesotans United for all Families (Photo courtesy of McFarland)
Supporters of LGBT rights are gearing up for yet another fight at the ballot against a proposed constitutional amendment that would ban same-sex marriage.
This time around, the theater for battle is Minnesota.
Donald McFarland, spokesperson for the new coalition known as Minnesotans United for All Families, said nearly 1,000 people have already signed up to work against the amendment on the campaign website within 48 hours of passage by the legislature.
“They are signing up by the hundreds to help us,” McFarland said. “It’s incredible actually. The outpouring of support to what happened Saturday night is as great as I have ever seen in my political career — and I’ve been doing this for 30 years.”
On Saturday, the Minnesota State House gave final approval to the proposed constitutional amendment by a vote of 70-62. The State Senate had already passed the measure.
The Republican-controlled legislature’s approval sends the measure to the state electorate. If a majority of voters approves the marriage ban in 2012, it will become part of the state constitution.
Same-sex marriage is already prohibited in Minnesota by statute, but passage of the amendment would prohibit the legislature from legalizing same-sex marriage in the future or the state courts from finding a right to same-sex marriage in the state constitution.
A coalition of LGBT organizations — including national groups such as the Human Rights Campaign, the National Gay & Lesbian Task Force and Freedom to Marry as well as local groups OutFront Minnesota and Project 515— launched a new coalition, Minnesotans United for All Families, immediately upon approval of the amendment.
The plans for the nascent campaign are still being developed. An official campaign manager has yet to be named. Still, the campaign has already piqued the interest of supporters of same-sex marriage.
McFarland said the biggest goal at this point is to start a conversation with the Minnesota electorate about the love and commitment of same-sex couples and reminding voters that discrimination runs contrary to state values.
“The biggest component of the next many, many months is the fact that we’ll have an army of people, an army of volunteers, an army of smart, smart Minnesotans who want to help,” McFarland said. “That’s an advantage that we have ten-fold over the other side.”
McFarland, the de facto head of Minnesotans United for All Families until a campaign manager is selected, said he’s been involved in Minnesota politics for nearly 10 years.
In 2006, he was state director of American Voters, an organization that works to advance liberal-leaning policies and expand access to the ballot. Last year he worked as a communicators officer for the Minnesota Democratic Party.
McFarland’s LGBT portfolio includes working as the gay liaison in Philadelphia for Bill Clinton’s 1992 presidential campaign and serving as a board member for Project 515.
Money is already a concern for the new coalition. Proponents of the anti-gay amendment in Minnesota have pledged to raise $4.7 million to ensure its passage. McFarland said he wants to raise the amount dollar-for-dollar to thwart the effort.
“Things like fundraising goals are still being really fleshed out, but I will tell you that I am committed to raising $4.7 million to match what the other side claims it will spend,” McFarland said.
The output for the campaign is still under deliberation, but McFarland said he envisions paid television advertisements as well as additional paid media presence.
As supporters of same-sex marriage gear up for the fight, anti-gay groups, such as the Minnesota Family Council, are working for passage of the amendment.
The Minnesota Family Council had urged passage of the amendment, asserting that gays and lesbians eat human excrement, that gays and lesbians are more likely to be pedophiles and engage in bestiality, and that domestic partner benefits are a recruiting tool. The anti-gay group has since the scrubbed the language from its online promotions.
McFarland said maintaining a “respectful” tone throughout the campaign is a priority and criticized the anti-gay group’s tactics in the debate.
“It’s just vile language,” McFarland said. “It has no place here. It certainly has no place in Minnesota.”
The Minnesota Family Council didn’t respond to the Washington Blade’s requests for comment for this article.
Polling on the amendment in Minnesota is limited, but is promising for those working to defeat the measure. A poll published May 13 by the Minnesota Star Tribune found that 55 percent of respondents oppose adding such language banning same-sex marriage to the state constitution while 39 percent favor such a measure.
McFarland said he thinks the polling is “absolutely” comforting news, but shouldn’t be seen as a guarantee that Minnesota voters will reject the proposed constitutional amendment.
“A year-and-a-half is a long time, so who knows?” McFarland said. “We want to beat this ballot question and we’re going to do everything we can to do that.”
Issac Wood, a political scientist at the University of Virginia, said the 2012 presidential election — and the strength of President Obama — may have an impact on the result of the Minnesota ballot initiative.
“Often pundits and the media talk about referendums driving voter turnout and influencing elections, but in this case we may see the reverse,” Wood said. “If Obama is able to win a sizable victory in Minnesota again in 2012, which he won by 10 percentage points in 2008, perhaps he could draw enough socially liberal voters to the polls to defeat the marriage amendment as well.”
Wood said based on the history of the marriage ballot initiatives, Minnesota voters may approve the amendment. Still, he observed that national opinion on marriage has been evolving rapidly in the past year.
“Public opinion on the issue seems to be turning recently, with new polls showing nationwide approval of gay marriage on the rise,” Wood said. “Whether that approval has risen quickly enough to stem the tide of marriage amendments remains to be seen.”
Although there are promising poll numbers, a victory at the polls on the marriage issue is an extremely rare feat for LGBT rights supporters. Each time that a ban on same-sex marriage has come to voters at the state level, it has almost always been approved.
In 2006, Arizona voters rejected an amendment that would have made a ban on same-sex marriage and marriage-like unions part of the state constitution. However, voters passed a similar amendment in 2008 that banned only same-sex marriage.
Despite the dismal batting average, McFarland said he plans to draw on lessons from those earlier battles and has had conversations with those who’ve gone before him.
“We’re currently talking to others in other states that have gone before us in these battles over same-sex couples’ ability to get married,” McFarland said. “We very much intend to be mindful of all of them as we move forward.”
Prominent Minnesotans have already spoken out against the amendment. On Wednesday, Gov. Mark Dayton (D) penned a symbolic veto. Since the measure is a constitutional amendment, he doesn’t have the authority as governor to stop the initiative from becoming part of state law.
“Although I do not have the power to prevent this divisive and destructive constitutional amendment from appearing on the Minnesota ballot in November 2012, the legislature sent it to me in the form of a bill,” Dayton said. “Thus, symbolic as it may be, I am exercising my legal responsibility to either sign it or veto it. Without question, I am vetoing it.”
McFarland said he appreciates Dayton’s vocal opposition to the amendment — and said the governor was speaking out against it even before the legislature gave final approval — but he said he doesn’t think Dayton will play a large role in the campaign against the initiative.
“He’s the governor and his job is to be governor, not to be part of the campaign,” McFarland said. “His campaign was last year. Will he speak out about this issue? I believe he will because he feels passionately about this, like so many other Minnesotans.”
Another prominent politician from Minnesota has voiced a similar objection. On Monday, U.S. Sen. Al Franken (D-Minn.) also slammed the amendment in a statement to media outlets.
“Every Minnesotan deserves dignity and equal treatment under the law, and our state’s same-sex couples should have the same right to marry as anyone else — period,” Franken said. “This amendment would do nothing more than write discrimination into our state’s constitution and add to the barriers same-sex couples already face to the full recognition of their families. I’m hopeful that common sense and compassion will prevail and that this amendment will be defeated.”
Also earlier this week, White House spokesperson Shin Inouye issued a statement to the Washington Blade on President Obama’s position on the measure.
“The President has long opposed divisive and discriminatory efforts to deny rights and benefits to same sex couples or to take such rights away,” Inouye said. “While he believes this is an issue best addressed by the states, he also believes that committed gay couples should have the same rights and responsibilities afforded to any married couple in this country.”
The statement doesn’t explicitly mention the proposed constitutional amendment in Minnesota. Additionally, the statement reaffirms Obama’s lack of support for same-sex marriage rights by saying the issue is “best addressed by the states.”
McFarland said he’s “thrilled” the White House issued a statement, but dodged on whether he’d like to see more from Obama over the course of the campaign against the amendment.
“I really have no answer to that,” McFarland said. “I’m not going to make a call in the press to the White House. I’m not comfortable with that.”
National
HRC report: LGBTQ students face ‘far greater challenges’ in non-supportive states
Survey finds anti-LGBTQ school harassment, bullying highest in 17 states
The Human Rights Campaign Foundation, the educational arm of the national LGBTQ advocacy organization Human Rights Campaign, has released a report showing LGBTQ public school students are more likely to face bullying, harassment, and “other barriers” in states that have less overall supportive LGBTQ laws and policies.
The report is based on the HRC Foundation’s National Educator Survey of School Climate and Bullying, which was released on Sept. 17.
“The report finds that harassment, bullying, and other barriers to LGBTQ+ inclusion are more prevalent in states with limiting policies, where educators report widespread restrictions on LGBTQ+ resources, visible expressions of support, and assistance for transgender students,” a statement released by HRC says.
“As just one example,” the statement adds, “while 59 percent of educators in states with limiting policies report restrictions on supporting their transgender students, just 6 percent to 8 percent of educators in states with supportive policies report the same, underscoring the impact of these policies on school climate, student well-being, and the stakes of the upcoming midterm elections for LGBTQ+ youth and inclusive classrooms.”
The report says the survey consisted of responses by 826 educators in 42 states who worked as teachers, principals, counselors, administrators, and others who worked in support services. All worked at schools with students from pre-kindergarten to 12th grade, most being public schools and a smaller number being charter schools, the report says.
It says the survey was conducted between April 15 and May 21, 2026, and included a survey questionnaire with about 55 questions covering a wide range of LGBTQ related school issues.
According to the report, its classification of LGBTQ supportive and non-LGBTQ supportive states is based on a detailed analysis of the LGBTQ related laws and policies of all 50 states, D.C., and U.S. territories conducted by the Movement Advancement Project, or MAP, which describes itself as an “independent, nonprofit thinktank.”
The report includes a chart consisting of 51 boxes representing the 50 states and D.C., with 32 plus D.C. colored as blue and said to have overall LGBTQ supportive policies. The 17 boxes colored in red are said to have overall non-LGBTQ supportive policies and laws, Each of the boxes has the initial of a state or D.C. printed inside it.
In addition to D.C., the chart shows Maryland, Virginia, New York, California, and Massachusetts as among the supportive states. Florida, Texas, West Virginia, and Ohio are among the states shown to be non-LGBTQ supportive.
The HRC statement includes these “key” findings from the survey:
- In states with restrictive LGBTQ+ inclusion policies, 59 percent of educators report restrictions on supporting transgender students, compared to just 6-8 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive policies, nearly 50 percent of educators reported restrictions on LGBTQ+ books or resources, compared to just 7 percent of educators in states with supportive policies.
- Roughly 32 percent of educators in states with restrictive policies reported anti-LGBTQ+ harassment was a moderate or serious problem, compared with 11 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 29 percent of educators were very worried about anti-LGBTQ+ harassment, compared to 15 percent in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 36 percent of educators witnessed anti-LGBTQ+ student bullying, compared to 27 percent in states with supportive LGBTQ+ inclusion policies.
- In states with supportive LGBTQ+ inclusion policies, 75 percent of educators reported no restrictions on LGBTQ+-supportive displays, highlighting a substantially more supportive school environment than in states with restrictive policies.
- Educators in states with restrictive LGBTQ+ inclusion policies also reported significant harassment of students based on appearance (57 percent), race or ethnicity (43 percent), sexual orientation (42 percent), and gender identity or expression (39 percent). (No direct comparison figure from supportive-policy states is provided in the data above.)
“Every young person deserves to feel safe and supportive at school, but this report makes clear that for too many LGBTQ+ students, especially transgender youth, are being failed by policies designed to exclude them,” said HRC President Kelley Robinson in the HRC statement.
“We know that when students feel seen, supported, and affirmed, they are more likely to thrive, but when schools become places of exclusion or hostility, young people pay the price through lower engagement, missed opportunities to learn, and poorer mental and physical health,” Robinson said.
The HRC statement notes that the survey findings come at a time when a growing number of states have passed laws targeting LGBTQ students and the school officials and teachers who support them. It says that for the first time, the survey found that “educators themselves are also experiencing anti-LGBTQ+ harassment, highlighting the growing impact of these policies on school staff as well as students.”
The full survey findings and report can be accessed here:
U.S. Supreme Court
Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons
SCOTUS could further restrict rights of trans inmates
The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.
U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.
The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”
If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.
The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”
American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.
The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.
Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.
The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.
Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.
The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.
Federal Government
Education Department rolls back protections for LGBTQ students under Title IX
The DoE policy rescinds Biden-era protections
The Department of Education rolled back a Biden-era Title IX interpretation on Monday that secured sex-based discrimination protections for students on the basis of sexual orientation and gender identity.
Title IX was established in 1972 as landmark civil rights law. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.
Education Secretary Linda McMahon spoke about the revision of the policy, claiming the decision would explicitly help “women and girls.”
“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” McMahon said via press release.
Prior to her work under the Trump-Vance administration, McMahon was a World Wrestling Federation/World Wrestling Entertainment executive before resigning to pursue a career in politics. She was appointed to the Connecticut State Board of Education by then-Gov. Jodi Rell in January 2009, but resigned from her role shortly afterward to run what ultimately became two failed campaigns for Connecticut’s U.S. Senate seat in 2010 and 2012.
A “fact sheet” provided by the Department of Education also called the inclusive sexual assault and gender identity protections expanded under the Biden-Harris unlawful, saying, “This change is necessary to provide clarity in the Code of Federal Regulations so that institutions, administrations, students, and families can see the rules that are actually in force and to help eliminate public confusion about the Biden administration’s unlawful attempt to stretch Title IX’s legal protections to cover ‘sexual orientation’ and ‘gender identity.’”
This is not the first time this policy has faced judicial hurdles. While Biden was still in office, the plan was struck down in multiple courts in Republican states.
Opponents of the move say it will harm transgender athletes and weaken protections for sexual assault victims.
“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center.
This is a return to a first Trump term policy after Biden issued an executive order to attempt to curb discrimination for all — especially those with different sexual orientations and gender identities — that had been given a pass during Trump’s first term. Much of Title IX’s policy has a narrow vision of what sex protections look like that often and enthusiastically leave gender-diverse and non-heterosexual people out.
In March 2021, President Joe Biden signed Executive Order 14021, “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” to attempt to undo some of the flagrantly anti-LGBTQ policy the Trump-Pence administration had set forth relating to Title IX protections for LGBTQ students and sexual assault survivors.
The secretary focused this “win” for the administration as one more step toward restricting transgender students from competing in women’s sports, but the 2020 rule, completed under former Education Secretary Betsy DeVos, didn’t explicitly ban trans students from participating on sports teams consistent with their gender identity. It did limit the types of sexual harassment and assault complaints that schools had to investigate and required live hearings so male students could respond to accusations.
McMahon didn’t discuss those aspects in her statement or in requests for comment. The 2020 rule drew praise from conservatives and intense opposition from advocates who said it downplayed sexual abuse and left victims unprotected.
In a statement, U.S. Rep. Tim Walberg (R-Mich.), who chairs the House Education Committee, said, “Returning to the 2020 regulations restores longstanding protections for women and girls that the Biden-Harris administration attempted to dismantle and realigns Title IX policy with court precedents.”
LGBTQ activists have called this decision a direct attack on LGBTQ safety — particularly for trans students who continue to face a barrage of legislative, executive, and judicial attacks in recent years from the Trump-Vance administration.
Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy group in the world, released a statement following the DoE’s announcement.
“Title IX is, quite simply, about protecting students and ensuring that they are safe from abuse, harassment, and discrimination while they pursue their education. But Donald Trump and his cronies aren’t interested in any of that,” Robinson said. “Donald Trump’s Department of Education has completely lost sight of that mission. Instead of enforcing protections for students, they’re rescinding them. They don’t care if sexual harassment and assault go unaddressed. And they’re happy to strip funding away from school districts and states that are actually trying to keep students safe.
“We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault and abuse — including LGBTQ+ students. The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones, and the students themselves a say in how they should be treated, shows how little they care about the safety of our students.
“This is a monstrous injustice, and it drives home how essential it is that we take action at the polls this November to start bringing some accountability to an administration that has turned its back on the very students Title IX was written to protect,” she added.
The Washington Blade reached out to the DoE for comment and questions on whether Title IX protections still included LGBTQ students, and received this email response from Education Spokesman Sabin Sidney:
“Your questions indicate you are clearly missing the entire point of this Final Rule. The Biden Administration illegally rewrote Title IX to include ‘sexual orientation’ and ‘gender identification’ in the definition of sex-based discrimination. The Trump Administration is rescinding this rule—only after every federal court that heard legal challenges rejected it as unlawful.
“Since January 2025, the Department has been enforcing Title IX consistent with the President’s Executive Order grounded in biological truth that there are only two sexes. The Trump Administration is restoring the original promise of Title IX and providing clarity to students, parents, and educational institutions. We will vigorously defend equal opportunity consistent with the law’s intended purpose.”
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